February 23rd, 2017
The collective wit and wisdom from three decades of practicing environmental law (in no order of importance).
1.Thou shall not call the environmental lawyer the day before the closing
2. Thou shall not accept without further inquiry a Phase 1 reports that says there are no RECs
3. Thou shall be concerned when the Phase 1 says the tank was reportedly removed, asbestos was reportedly abated, or the dry cleaner was reportedly only a drop off location.
4.If a tank be in the ground, it shall have leaketh
5. If a dry cleaner operated at the property, it shall have leaketh
6. He who is most anxious to close shall bear the environmental risk.
7. Thou shall looketh carefully at Phase 1 recommendations
8. Thou shall be concerned when the real estate partner asketh you to take a quick look at a “clean” phase 1.
9.Thou shall not underestimate the importance of public support during project development.
10. Thou shall know that you need a permit to drain the swamp